• Tanya S Osensky

How I Help: Quick Consultation

My client "Tom" has quit his job and is ready to start his own business.

I recently reviewed the noncompete he signed with his former employer, and it was interesting because his employer did not counter-sign it. Tom wanted to know if it was still enforceable.

The short answer is yes, because the employer fulfilled its obligation under the agreement. For there to be a contract, there must be an offer, acceptance and consideration. That’s it. Even if the employer didn’t sign it, it demonstrated acceptance by the way it conducted the relationship.

I advised Tom that the noncompete was enforceable and helped Tom understand his noncompete obligations.

My consultation with Tom took about 15 minutes. With this small investment, he avoided a potential lawsuit that could have cost him thousands.

Recent Posts

See All

Julie is a business consultant who got into a bad spot with a client. The client has gone silent, won’t respond to calls or emails and hasn’t paid the last invoice. Julie is not sure what’s wrong exac

Victor was working as a 1099 contractor on a large-scale engineering project when his client said he must attend an HR training workshop given to all the client’s employees. I advised against it. Why?

Contracts. Root canal. For a lot of people, it would be hard to choose which they'd rather avoid more. When I was in law school, I dreaded the contracts class. It was mind-numbing, I thought. I never